senate Bill S407

Extends the biofuel credit and requires all municipalities to use biofuels for any purpose which requires the use of fuel

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Extends the biofuel credit and requires all municipalities to use biofuels for any purpose which requires the use of fuel.

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Bill Details

See Assembly Version of this Bill:
A1409
Versions:
S407
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §28, Tax L; add §99-x, Gen Muni L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3985A, A1371A
2009-2010: A8835, A8835

Sponsor Memo

BILL NUMBER:S407

TITLE OF BILL:
An act
to amend the tax law, in relation to extending the biofuel credit and to
amend the general municipal law, in relation to requiring all
municipalities to use biofuels for any purpose which requires the use of
fuel

PURPOSE OR GENERAL IDEA OF BILL:
Extends the biofuel credit and requires municipalities to use biofuels
for any purpose which requires the use of fuels.

SUMMARY OF SPECIFIC PROVISIONS:
* Subdivision (a) of section 28 of the Tax Law is amended.
* The General Municipal Law is amended by adding a new section 99-w.

JUSTIFICATION:
Renewable fuels, or "biofuels", are liquid transportation fuels made
from agricultural crops such as soybeans. The use of Biofuels can
make a big difference in improving our environment, helping our
economy, and reducing our dependence on foreign oil. Biofuels have
been proven to be a worthy alternative. Not only is it essential that
we consider alternative, renewable fuel sources to help reduce our
dependence on foreign oil sources, it is also our responsibility,
both economically and environmentally, to use these alternative fuel
sources.

PRIOR LEGISLATIVE HISTORY:
2011/12: S.3985A/A.1371A
2009/10: S.6208/A.8835

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   407

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation to extending the biofuel credit
  and to amend the general municipal law, in relation to  requiring  all
  municipalities  to use biofuels for any purpose which requires the use
  of fuel

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 28 of the tax law, as amended by
section  1  of  part  K of chapter 59 of the laws of 2012, is amended to
read as follows:
  (a) General. A taxpayer subject to tax under article nine,  nine-A  or
twenty-two  of  this  chapter shall be allowed a credit against such tax
pursuant to  the  provisions  referenced  in  subdivision  (d)  of  this
section. The credit (or pro rata share of earned credit in the case of a
partnership)  for  each gallon of biofuel produced at a biofuel plant on
or after January first, two thousand six shall equal fifteen  cents  per
gallon after the production of the first forty thousand gallons per year
presented  to  market.  The credit under this section shall be capped at
two and one-half million dollars per taxpayer per taxable year for up to
no more than [four] NINE consecutive taxable years per biofuel plant. If
the taxpayer is a partner in a partnership or shareholder of a New  York
S  corporation,  then the cap imposed by the preceding sentence shall be
applied at the entity level, so that the aggregate credit allowed to all
the partners or shareholders of each such entity  in  the  taxable  year
does not exceed two and one-half million dollars. The tax credit allowed
pursuant  to  this section shall apply to taxable years beginning before
January first, two thousand twenty.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00692-01-3

S. 407                              2

  S 2. The general municipal law is amended by adding a new section 99-x
to read as follows:
  S  99-X.  USE  OF  BIOFUELS.  ALL COUNTIES, CITIES, TOWNS AND VILLAGES
SHALL BE REQUIRED TO USE BIOFUELS FOR ANY PURPOSE WHICH REQUIRES THE USE
OF FUEL.
  S 3. This act shall take effect immediately.

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